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The Pamphlet Collection of Sir Robert Stout: Volume 39

Case of Mr. John Horne Tooke, Parliamentary History, Vol. 35, page 956, 16th February, 1801

page 74

Case of Mr. John Horne Tooke, Parliamentary History, Vol. 35, page 956, 16th February, 1801.

Mr. John Horne Tooke took the Oaths and his seat for Old Sarum. He was introduced by Sir Francis Burdett and Mr. Wilson. This being done, Earl Temple rose and said, he had observed a gentleman who had just retired from the table, after having taken the Oaths, whom he conceived to be incapable of a seat in that House, in consequence of his having taken priest's orders and been inducted into a living. He would wait the allotted time of fourteen days to sec whether there was any petition presented against his return; if not he should then move that the return for Old Sarum be taken into consideration.

Page 1323, 10th March, 1801.—Earl Temple moved that Mr. Boucher, Deputy Registrar of Salisbury, be called in to prove that Mr. Horne Tooke, being a priest in orders, was not eligible to a seat in that House. After debate, in which Mr. John Horne Tooke spoke—Amendment and Division—Motion agreed to (page 1342),—Select Committee appointed (page 1343). Two reports given, pages 1343 to 1349, were made, giving all the cases of "any of the clergy" returned to Parliament.

4th May, 1801.—Earl Temple moved (pages 1349 to 1374), "That Mr. Speaker do issue his warrant to the clerk of the Crown in Great Britain, to make out a new writ for the election of a burgess to serve in this present Parliament for the Borough of Old Sarum, in the county of Wilts, in the room of the Rev. John Horne Tooke, who being at the time of his election in priest's orders, was and is incapable of sitting in this House." A debate took place in which Mr. John Horne Tooke spoke (pp. 1350 to 1402), division, and the motion negatived.

Jurist, Vol. 17, Page 463.—Exchequer Chamber; Error from the Court of Exchequer: Coram, Lord Campbell, Chief Justice, and Coleridge, Cresswell, Wightman, Williams, and Crompton, J.

One judgment by Lord Chief Justice Campbell for the whole Court.

Lord Campbell (page 464).—The words "so help me, God," are words of asseveration, and of the manner of taking the oath; but the words preceding them are, it appears to me, an essential part of the oath.

page 75

Fisher's Digest, Vol. 3, page 6179.—By a private Act, no person appointed to act as tithe valuer shall be capable of acting until he shall have taken and subscribed an oath in the words following: "I, A. B., do swear that I will faithfully, etc., execute, etc.; so help me, God." Held, that the oath had nevertheless been properly administered according to the Statute, for the words omitted were no part of the oath, but only an indication of the manner of administering it. Lancaster and Carlisle Railway Company v. Heaton, 8 El. & Bl., 952; 4 Jur., N. S., 707; 27 L. J., Q. B., 195."